Duty to defend malicious prosecution under personal injury umbrella coverage?
Question Details: Our insurance carrier has denied coverage to reimburse legal fees to defend five restraining orders that were maliciously filed against all members of our family. All five restraining orders were dismissed, they were outrageous lies. Our policy has a clause to defend malicious prosecution, libel and slander. The insurance company claims that defending the false allegations does not represent a loss as there was no monetary demand.
Insurance Law Law Answers
The duty of an insurance carrier to defend any lawsuits is greater than the obligation to pay the loss. Your legal fees should be covered, if the underlying loss would have been covered.
Contact my office for legal assistance in getting these legal fees paid.
Robert J. Spitz
909 395 0909
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